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Reaffirmation Agreements

A debtor in a bankruptcy case may decide to remain legally obligated to pay a debt that would otherwise be discharged in bankruptcy. This is called reaffirming a debt. Reaffirming a debt is voluntary; debtors are not required to reaffirm any debt.

The Bankruptcy Code allows debtors to reaffirm debts, but an agreement to reaffirm a debt will be enforceable despite the bankruptcy discharge only if it complies with specific procedures.

Per Local Rule 4008-1:

As to any reaffirmation agreement which may be filed with the Court, the requirement of a hearing as set forth in 524(d) shall be deemed waived unless a party to the agreement specifically requests a hearing or the debtor has filed pro se, in which case a hearing will be scheduled in accordance with 524(c)(6)(A). The hearing must be requested when the agreement is filed with the Court and shall be held within sixty (60) days.